Sea Turtle Conservation; Shrimp Trawling Requirements, 16676-16677 [2021-06594]

Download as PDF 16676 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Rules and Regulations In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. Name of non-regulatory SIP revision * * 1997 8-Hour Ozone National Ambient Air Quality Standard Second Maintenance Plan for the West Virginia Portion of the Wheeling, WV-OH Area Comprising Marshall and Ohio Counties. National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 210325–0069] RIN 0648–BK45 jbell on DSKJLSW7X2PROD with RULES Sea Turtle Conservation; Shrimp Trawling Requirements National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; delay of effective date. 15:38 Mar 30, 2021 Jkt 253001 List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Volatile organic compounds. Frm 00010 Fmt 4700 PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart XX—West Virginia 2. In § 52.2520, the table in paragraph (e) is amended by adding an entry for ‘‘1997 8-Hour Ozone National Ambient Air Quality Standard Second Maintenance Plan for the West Virginia Portion of the Wheeling, WV–OH Area Comprising Marshall and Ohio Counties’’ at the end of the table to read as follows: ■ § 52.2520 * Identification of plan. * * (e) * * * EPA approval date 12/10/19 * * 3/31/21, [insert Federal Register citation]. We, the NMFS, are delaying the effective date of a final rule that published on December 20, 2019. DATES: As of March 31, 2021, the effective date of the rule amending 50 CFR part 223 that published at 84 FR 70048 on December 20, 2019, is delayed until August 1, 2021. FOR FURTHER INFORMATION CONTACT: Jennifer Lee, NMFS Southeast Regional Office, telephone: 727–824–5312, or email: jennifer.lee@noaa.gov. SUPPLEMENTARY INFORMATION: On December 20, 2019, we published a final rule to amend the alternative tow time restriction to require all skimmer trawl vessels 40 feet and greater in length to use turtle excluder devices (TEDs) designed to exclude small sea turtles in their nets, and that rule had an effective date of April 1, 2021 (84 FR 70048). The final rule amends regulations at 50 CFR part 223 under the authority of the Endangered Species Act. The purpose of the final rule is to reduce incidental PO 00000 For the reasons stated in the preamble, the EPA amends 40 CFR part 52 as follows: State submittal date SUMMARY: DEPARTMENT OF COMMERCE VerDate Sep<11>2014 Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 1, 2021. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action pertaining to West Virginia’s limited maintenance plan for the Wheeling, WV-OH area comprising Marshall and Ohio Counties may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) * * Wheeling WV-OH, West Virginia Area Comprising Marshall and Ohio Counties. BILLING CODE 6560–50–P AGENCY: C. Petitions for Judicial Review Applicable geographic area [FR Doc. 2021–06523 Filed 3–30–21; 8:45 am] Dated: March 25, 2021. Diana Esher, Acting Regional Administrator, Region III. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Sfmt 4700 * * Additional explanation * bycatch and mortality of sea turtles in the southeastern U.S. shrimp fisheries, and to aid in the protection and recovery of listed sea turtle populations. The rule also amends the definition of tow time to better clarify the intent and purpose of tow times to reduce sea turtle mortality, and it refines additional portions of the TED requirements to avoid potential confusion. We delayed the effectiveness of the final rule until April 1, 2021, to allow for the manufacture of the necessary number of TEDs and for fishers, particularly lower income fishers, to prepare financially for the regulation. We typically conduct outreach on changes to TED regulations through inperson industry workshops and trade shows, dockside and net shop visits, and enforcement trainings. In our final rule we stated that we would be scheduling and announcing future TED training workshops. We also distributed a Fishery Bulletin to industry E:\FR\FM\31MRR1.SGM 31MRR1 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES representatives, state agency partners, media, and other constituents on the final rule, notifying fishers that we would be conducting numerous workshops and training sessions for skimmer trawl fishers, and that information on these sessions would be posted on our website at: https:// www.fisheries.noaa.gov/southeast/ bycatch/turtle-excluder-deviceregulations. We are now delaying the effective date of the final rule published on December 20, 2019, (84 FR 70048) until August 1, 2021. Safety and travel restrictions due to the COVID–19 pandemic have limited our ability to complete the in-person workshops and training sessions that we had anticipated and communicated to the public. This delay in effective date is necessary to provide us with additional time to conduct our planned outreach and training for fishers through a modified strategy, including but not limited to, virtual training sessions with the public. In addition to generally educating the public on the use of the devices, it will help prepare us for responding to installation and maintenance problems from industry when the regulations go in effect. This will allow fishers to be better prepared for compliance with regulations and reduce the likelihood of potential increased sea turtle deaths caused by widespread use of improperly constructed and/or installed TEDs. Administrative Procedure Act The Assistant Administrator for Fisheries (AA) finds that there is good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B), because prior notice and opportunity for public comment on this temporary delay is unnecessary and would be contrary to the public interest. Such procedures are unnecessary because the rule that published at 84 FR 70048 on December 20, 2019, has already been subject to notice and comment, and all that remains is to notify the public of this delay in the effective date of the previously noticed regulations. Providing additional prior notice and opportunity for public comment is contrary to the public interest because there is a need to implement immediately this action to delay the April 1, 2021, effective date of the final rule and to provide notice of the delay to affected fishery participants. Making the requirements effective before fishers are properly educated and trained regarding the devices could lead to improper installation and use, which VerDate Sep<11>2014 15:38 Mar 30, 2021 Jkt 253001 could lead to greater harm to listed sea turtles. We are temporarily delaying the effective date of the rule (see DATES section) to provide us with additional time to promote compliance with the new regulations. For these same reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1531 et seq. Dated: March 25, 2021. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2021–06594 Filed 3–30–21; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 210210–0018; RTID 0648– XA913] Fisheries of the Economic Exclusive Zone Off Alaska; Groundfish Fishery by Non-Rockfish Program Catcher Vessels Using Trawl Gear in the Western and Central Regulatory Area of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting directed fishing for groundfish, other than pollock, by non-Rockfish Program catcher vessels using trawl gear in the Western and Central Regulatory Areas of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2021 Chinook salmon prohibited species catch limit established for non-Rockfish Program catcher vessels using trawl gear and directed fishing for groundfish, other than pollock, in the Western and Central Regulatory Areas of the GOA. DATES: Effective 1200 hours, Alaska local time (A.l.t.), March 26, 2021, through 2400 hours, A.l.t., December 31, 2021. FOR FURTHER INFORMATION CONTACT: Obren Davis, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council SUMMARY: PO 00000 Frm 00011 Fmt 4700 Sfmt 9990 16677 under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2021 Chinook salmon prohibited species catch (PSC) limit for nonRockfish Program catcher vessels directed fishing for groundfish, other than pollock, using trawl gear in the Western and Central Regulatory Areas of the GOA is 3,060 Chinook salmon (§ 679.21(h)(4)(i)(C)). In accordance with § 679.21(h)(8)(ii), the Regional Administrator has determined that the 2021 Chinook salmon PSC limit established for nonRockfish Program catcher vessels directed fishing for groundfish, other than pollock, using trawl gear in the Western and Central Regulatory Areas of the GOA has been reached. Therefore, NMFS is prohibiting directed fishing for groundfish (except for pollock) by nonRockfish Program catcher vessels using trawl gear in the Western and Central Regulatory Areas of the GOA. While this closure is effective the maximum retainable amounts at 50 CFR 679.20(e) and (f) apply at any time during a trip. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR part 679, which was issued pursuant to section 304(b), and is exempt from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment would be impracticable and contrary to the public interest, as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay is prohibiting directed fishing for groundfish, other than pollock, by non-Rockfish Program catcher vessels using trawl gear in the Western and Central Regulatory Areas of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of March 25, 2021. Authority: 16 U.S.C. 1801 et seq. Dated: March 25, 2021. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–06560 Filed 3–26–21; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\31MRR1.SGM 31MRR1

Agencies

[Federal Register Volume 86, Number 60 (Wednesday, March 31, 2021)]
[Rules and Regulations]
[Pages 16676-16677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06594]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 210325-0069]
RIN 0648-BK45


Sea Turtle Conservation; Shrimp Trawling Requirements

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; delay of effective date.

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SUMMARY: We, the NMFS, are delaying the effective date of a final rule 
that published on December 20, 2019.

DATES: As of March 31, 2021, the effective date of the rule amending 50 
CFR part 223 that published at 84 FR 70048 on December 20, 2019, is 
delayed until August 1, 2021.

FOR FURTHER INFORMATION CONTACT: Jennifer Lee, NMFS Southeast Regional 
Office, telephone: 727-824-5312, or email: [email protected].

SUPPLEMENTARY INFORMATION: On December 20, 2019, we published a final 
rule to amend the alternative tow time restriction to require all 
skimmer trawl vessels 40 feet and greater in length to use turtle 
excluder devices (TEDs) designed to exclude small sea turtles in their 
nets, and that rule had an effective date of April 1, 2021 (84 FR 
70048). The final rule amends regulations at 50 CFR part 223 under the 
authority of the Endangered Species Act. The purpose of the final rule 
is to reduce incidental bycatch and mortality of sea turtles in the 
southeastern U.S. shrimp fisheries, and to aid in the protection and 
recovery of listed sea turtle populations. The rule also amends the 
definition of tow time to better clarify the intent and purpose of tow 
times to reduce sea turtle mortality, and it refines additional 
portions of the TED requirements to avoid potential confusion. We 
delayed the effectiveness of the final rule until April 1, 2021, to 
allow for the manufacture of the necessary number of TEDs and for 
fishers, particularly lower income fishers, to prepare financially for 
the regulation.
    We typically conduct outreach on changes to TED regulations through 
in-person industry workshops and trade shows, dockside and net shop 
visits, and enforcement trainings. In our final rule we stated that we 
would be scheduling and announcing future TED training workshops. We 
also distributed a Fishery Bulletin to industry

[[Page 16677]]

representatives, state agency partners, media, and other constituents 
on the final rule, notifying fishers that we would be conducting 
numerous workshops and training sessions for skimmer trawl fishers, and 
that information on these sessions would be posted on our website at: 
https://www.fisheries.noaa.gov/southeast/bycatch/turtle-excluder-device-regulations.
    We are now delaying the effective date of the final rule published 
on December 20, 2019, (84 FR 70048) until August 1, 2021. Safety and 
travel restrictions due to the COVID-19 pandemic have limited our 
ability to complete the in-person workshops and training sessions that 
we had anticipated and communicated to the public. This delay in 
effective date is necessary to provide us with additional time to 
conduct our planned outreach and training for fishers through a 
modified strategy, including but not limited to, virtual training 
sessions with the public. In addition to generally educating the public 
on the use of the devices, it will help prepare us for responding to 
installation and maintenance problems from industry when the 
regulations go in effect. This will allow fishers to be better prepared 
for compliance with regulations and reduce the likelihood of potential 
increased sea turtle deaths caused by widespread use of improperly 
constructed and/or installed TEDs.

Administrative Procedure Act

    The Assistant Administrator for Fisheries (AA) finds that there is 
good cause to waive the requirements to provide prior notice and 
opportunity for public comment pursuant to the authority set forth in 5 
U.S.C. 553(b)(B), because prior notice and opportunity for public 
comment on this temporary delay is unnecessary and would be contrary to 
the public interest. Such procedures are unnecessary because the rule 
that published at 84 FR 70048 on December 20, 2019, has already been 
subject to notice and comment, and all that remains is to notify the 
public of this delay in the effective date of the previously noticed 
regulations. Providing additional prior notice and opportunity for 
public comment is contrary to the public interest because there is a 
need to implement immediately this action to delay the April 1, 2021, 
effective date of the final rule and to provide notice of the delay to 
affected fishery participants. Making the requirements effective before 
fishers are properly educated and trained regarding the devices could 
lead to improper installation and use, which could lead to greater harm 
to listed sea turtles. We are temporarily delaying the effective date 
of the rule (see DATES section) to provide us with additional time to 
promote compliance with the new regulations.
    For these same reasons, the AA also finds good cause to waive the 
30-day delay in the effectiveness of this action under 5 U.S.C. 
553(d)(3).

    Authority: 16 U.S.C. 1531 et seq.

    Dated: March 25, 2021.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2021-06594 Filed 3-30-21; 8:45 am]
BILLING CODE 3510-22-P